Commons Sitting of 14 July 1846

MINUTES.
NEW WRIT. For Sutherland, v. David Dundas, Esq., Solicitor General.
NEW MEMBERS SWORN. For Manchester, Right Hon. Thomas Milner Gibson. — For Plymouth, Viscount Ebrington.
PETITIONS PRESENTED. By Mr. Bannerman, from Members of Free Union Church, Aberdeen, complaining of the Refusal of Proprietors of Land to grant Sites for the Erection of Free Churches (Scotland), and praying the House to devise Means for enabling Congregations to Rent or Purchase Ground on Reasonable Conditions.—By Mr. Gaskell, from Rural Dean and the Clergy of the Rural Deanery of Wenlock, in the Diocese of Hereford, against the Union of St. Asaph and Bangor, but at the same time providing for the Immediate Appointment of a Bishop to the newly erected See of Manchester.—From Inhabitants of the Districts of Muswell Brook and Merton, in the Colony of New South Wales, praying the House to admit Wheat, Maize, and Flour, the Produce of Australia, into the United Kingdom on the same Terms as Wheat, Maize, and Flour, the Produce of Canada.—By Sir William Codrington, from Farmers, Landowners, and others, in the Hamlet of Mangersbury, and from Churchwardens, Overseers, and Guardians of the Poor of Stow on the Wold, for Rating Owners of Small Tenements to the Poor Rates in lieu of Occupiers.—By Mr. Cobden, from Market Gardeners and Growers of Fruit at Ealing, Brentford, Hounslow, Isleworth, and the Vicinity, for Alteration of Duty on Sugar.—By Mr. Cobden, from J. and F. Lloyd and Co., Manufacturers of Tobacco and Snuff in the City of London, for Reduction of Duty on Tobacco.—By Mr. Blackburne, from Inhabitants of Warrington, for Regulating the Trade of Fustian Cutting.—By Guardians of the Gateshead Poor Law Union, and from Guardians, Churchwardens, Overseers of the Poor, and others, the Inhabitants of the Parish of Broadwater, for Repeal or Alteration of Lunatics Act and Lunatic Asylums and Pauper Lunatics Act.—By Mr. Christopher, from Thomas Johnson, and others, for a Superannuation Fund for Poor Law Officers.—By Mr. Bury, from Inhabitants of Bury, for the Abolition of the Punishment of Death.

TOBACCO DUTIES.
DR. BOWRINGrose for the purpose of bringing forward his Motion on the duty
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on tobacco, with a view to the revision and alteration of the law upon that subject. The more he had examined the question, the more imperative seemed it upon him to direct the attention of Parliament to the frightful consequences of the present state of the law. During the last Session a Committee had sat and had made the most diligent and elaborate inquiries; and to the report presented certain valuable papers had been, added on the Motion of the hon. Member for Montrose (Mr. Hume). From these sources it appeared that the duty upon tobacco amounted to between 800 and 900 per cent upon the value of the raw commodity. The Committee would have come to a resolution for reducing the duty to 1s., but for the vote of the Chancellor of the Exchequer, who had charge of the fiscal arrangement of the country, and who opposed himself to a change so materially affecting the revenue. Consequently, in spite of the irresistible evidence taken by the Committee, the law had been allowed to continue with all its unmitigated evils. He (Dr. Bowring) thought he could show to demonstration that other and higher considerations were involved than the mere amount of receipts at the Treasury. If the House were bound to look to the receipts at the Treasury, it was also bound to look at the amount of immorality, crime, and misery occasioned by those receipts. The amount of human guilt and wretchedness fostered and encouraged by the existing law, was, in truth, incalculable; and the whole system required prompt revision. The hon. Member then entered into a variety of details in support of his position, beginning with the number of convictions. In 1846 the convictions in our courts, for breach of the laws relating to tobacco, were no fewer than 538; while for breaches of the laws relating to spirits they were only 101; for tea, 11; for silk, 10; and 25 for all other articles. The rapid increase in the convictions before magistrates was another remarkable feature. In 1843, they were 430; 1844, 583; 1845, 702; and in 1846, 872. The ratio in Ireland and in Scotland was even greater; for while in England they were 102 per cent, in Ireland they were 252 per cent, and in Scotland 451 per cent; but of 333 persons convicted last year of smuggling tobacco in quantities exceeding 100 lbs., only fifteen persons had paid any fines, and the aggregate amount of those fines was only 805 l. The enormous charges that fell upon the public

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in consequence deserved consideration; 1,478 prisoners had to be maintained in jail, at a cost of more than 5,000 l., without reference to the cost of prosecutions and other incidental expenses. It was grievous to see, also, that the greater portion of the parties convicted of smuggling tobacco were British sailors. In Hull, out of 85 persons, no fewer than 57 were sailors. At least one-third of the seamen from the Baltic, and employed in crossing the Atlantic, were habitually engaged in defrauding the revenue. The hon. Member next called attention to the amount of tonnage of shipping he supposed to be more or less concerned in this illegal trade; maintaining, on evidence taken by the Committee, that there was scarcely a vessel engaged in coasting that did not to some extent contribute to the smuggling of tobacco. Testimony of the most remarkable kind had been obtained to show in what way whole cargoes were clandestinely, yet openly, introduced into the very heart of the metropolis. One gentleman had imported geese and fowls from abroad, in crates; and these crates were composed of nothing but twisted tobacco, which were seen and handled by the custom-house officers without detection. He dilated upon the seminaries for smuggling existing in various parts of the Empire, and upon the manner in which children were employed in the contraband introduction of tobacco; beginning as smugglers and ending as thieves. He contended that public opprobrium did not attach to offences of the kind; nay, that sympathy was often felt for the parties accused, and that smuggling was carried on by wholesale as well as by retail, in cargoes or in small quantities; and that it employed the rich as well as the poor, the merchant as well as the beggar who could only muster a few pence to risk in an adventure. He adverted also to the heavy cost of the coast-guard, amounting to 600,000 l. or 700,000 l. per annum, much of which might be saved if the duty were lowered, and the inducement to smuggle thereby diminished. It was the general belief that the amount of smuggled tobacco was at least equal to that on which duty was paid. In one district there were introduced 26,686 lbs., in another 48 bales of 60 l. each. Having called the attention of the House to a table that had been prepared with great care, containing the results of the evidence the Committee had taken, he went on to notice the smuggling from
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Jersey, which we understood him to say amounted to not less than twelve tons of tobacco per month. He also adverted to the quantity of Dutch snuff sold in London, none of which was legally imported. On the whole, he estimated that not less than 21,747,000 lbs. of tobacco were fraudulently introduced every year. No doubt chemical and microscopic arts had much advanced of late years, and had been employed in aid of the revenue to detect adulterations of tobacco; but the illegal trader was also able to avail himself of the assistance of science; and he (Dr. Bowring) contended that in many cases innocent dealers, who had been the dupes of others in the purchase of adulterated tobacco, had been unduly convicted. It was known that in some cases the Excise had been obliged to make ample restitution to parties, as it appeared afterwards, falsely accused, but duly convicted on the mistaken evidence of philosophers employed by Government to detect the adulteration of tobacco. This was one of the many evils arising out of the present system, and calling loudly for a large reduction of duty. There was a general feeling, in which he concurred, that tobacco was a fit object for taxation; but that taxation must not be so high as to maximise the motives of the smuggler to defraud the revenue. While people were considering how many millions sterling were paid into the Treasury, they forgot the amount of crime and wretchedness produced by this species of legislation. In 1843 the number of sailors employed in the Baltic and United States' trade was 96,920; and of that number there was scarcely an individual who was not more or less a user and importer of illicit tobacco. To these were to be added 131,462 sailors engaged in the coasting trade, most of whom contrived to get tobacco similarly introduced; and between both some idea might be formed of the number of persons employed under the existing system of duties in defrauding the revenue by the use of illicit tobacco. He thought these facts were sufficient to justify him in saying that the Government were called upon to institute an inquiry into the operation of these duties, more especially at a time when a general investigation of the financial affairs of the country was thought advisable. He would appeal to the noble Lord whether he would allow the enormous mass of offence and misery exhibited by this return to be passed over, and whether

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he would not be ready to put an end to it, even by some small sacrifice to the revenue, by a reduction on the tobacco duties. He, however, entertained strong doubts whether such a reduction would be followed by any loss to the revenue whatever, as he believed it likely that a reduction in the duty would be made up by the increased consumption to which it must lead. He hoped that if the House agreed with him on these points, they would permit him to move that "it is the opinion of the House that the tobacco duties require an early inquiry into their operation and effects."
MR. HUMEseconded the Motion.
Mr. STAFFORD O'BRIENrose to address the House, when
An HON. MEMBERobserved that there were not forty Members present.
House counted; when only thirty-four Members being present, it was adjourned.